ZILE SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of Code of Criminal Procedure, 1973 assailing order dated 26.03.2014 passed by learned Additional Sessions Judge (North), Tis Hazari Courts, Delhi whereby criminal revisions filed by respondents were allowed.

(2.) The factual matrix of the present case is that pursuant to order under Section 156(3) of Cr.P.C. passed by learned Metropolitan Magistrate, FIR No.72/2010 was registered at P.S. Timar Pur, Delhi. The petitioner filed a complaint on the allegations, inter alia, that on 21.03.2010 petitioner along with his family members reached at his ancestral property (Farm House at Gali No.9, Village Jagatpur, Delhi). Later on at about 6:00 p.m. Mr. Sukhjinder Singh, Advocate and Mr. Gautam also joined them. After a brief while respondent Nos.2 to 4 forcibly entered in the said Farm House. It is alleged that respondent No.2 was carrying his licensed revolver. Respondent Nos.3 and 4 after entering the said farm house shouted and threatened the petitioner and respondent No.2 fired a gun shot in the air. While respondent No.3 was aiming his revolver at the petitioner, respondent No.4 caught hold of the petitioner but the petitioner somehow rescued himself and ran inside the house. Respondent No.2 seeing the petitioner running fired a shot at him which got lodged at the door of his house. Hearing this ruckus, the neighbourers gathered at the spot seeing which respondent Nos.2 to 4 fled away from the spot.

(3.) The investigation was conducted by the local police, during which statements of eyewitnesses were recorded and subsequently an FIR was registered. After completion of investigation, an untraced report was filed by the investigating officer. Vide order dated 07.10.2013, learned trial Court summoned respondent Nos.2 to 6 herein for the offences punishable under Sections 307/452/326/323/506 part II/34 IPC and Sections 25/27 of Arms Act.